(A)
In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or property caused
by an applicant or employee, all of the following apply:

(1)
If the responsible
party hired the applicant or retained the employee in good faith and reasonable
reliance upon the applicant's or employee's criminal record, the responsible
party shall not be found negligent solely because of its reliance on the
criminal record, even if the criminal record is later determined to have been
incomplete or inaccurate.

(2)
If the responsible
party conditionally hired the applicant in good faith and in a manner that
complied with rule
173-9-05 of the Administrative
Code, the responsible party shall not be found negligent solely because it
hired the applicant before receiving the applicant's criminal record.

(3)
If the responsible party in good faith hired the applicant or retained the
employee because the applicant or employee met the standards in rule
173-9-07 of the Administrative
Code that allow a responsible party to hire an applicant or retain an employee
with a disqualifying offense on his or her criminal record, the responsible
party shall not be negligent solely because the applicant or employee has been
convicted of, or pleaded guilty to, a disqualifying offense.

(B)
In a
tort or other civil action for damages that is brought as the result of an
injury, death, or loss to person or property caused by a self-employed
provider, both of the following apply:

(1)
If the
responsible party certified or entered into a provider agreement with the
self-employed provider, or did not revoke or terminate the person's
certification or provider agreement, in good faith and reasonable reliance upon
the person's criminal record, the responsible party shall not be found
negligent solely because of its reliance on the criminal record, even if the
criminal record is later determined to have been incomplete or
inaccurate.

(2)
If the responsible party in good faith certified or
entered into a provider agreement with the self-employed provider, or did not
revoke or terminate the self-employed provider's certification or provider
agreement, because the person met the standards in rule
173-9- 07.1 of the Administrative
Code that allow a responsible party to certify or enter into a provider
agreement with a self-employed provider who has a disqualifying offense on his
or her criminal record, the responsible party shall not be negligent solely
because the self-employed provider has been convicted of, or pleaded guilty to,
a disqualifying offense.